Cuban Adjustment Act

On November 2, 1966, the United States Congress approved Public Law 89-732, "The Cuban Adjustment Act", commonly known in Spanish as the Cuban Adjustment Act, which allowed the Attorney General, "at his discretion and pursuant to such regulations as he may prescribe," to adjust the immigration status of Cuban refugees in the United States.

On September 28, 1965, faced with an increase in illegal departures, the Cuban government opened the port of Camarioca to make it easier for Cubans living in the United States to come and look for family and friends. In response to this unilateral measure by the Cuban government, the American government began to negotiate an immigration agreement with Cuba, which culminated on November 6, 1965, with the signing of the document known as the "Agreement between Cuba and the United States of November 1965, regarding the transfer of Cubans who wish to live in the United States."


The limbo situation suffered by many of the Cubans who had arrived in the US before 1966 and the lack of a solution for the legal adjustment of those who began to come on the Varadero flights, forced the US Congress in practice to implement and approve the Cuban Adjustment Act in November 1966. Thus, both Cubans who were in the United States, as well as those who would arrive via the "Air Bridge" could apply for permanent residence in accordance with the requirements established by that Law.

According to this law, any person born in Cuba, his or her spouse or children under 21 years of age, are eligible to obtain permanent residence in the United States after physically remaining in the country for one year. To be eligible for this law, a person must meet the following requirements:

  1. Prove that you are a Cuban national or citizen.
  2. Having legally entered the United States.
  3. Having been physically in the United States for one year.
  4. Not be impeded by criminal charges or other reasons that render the person inadmissible to the United States, such as having participated in persecution of individuals based on sex, nationality, political ideals, or for belonging to specific groups, etc.).

Difference between the Cuban Adjustment Act and political asylum

Cuban Adjustment Act for spouse

The spouse of a Cuban national who is in the United States can adjust his or her status through the Cuban Adjustment Act if you meet all the above requirements and can prove with legal documents and facts that it is a real marriage. The main requirements are:

  1. The relationship continues to exist until the spouse or child receives a green card.
  2. You must be living with the person applying for a green card under the Cuban Adjustment Act in the United States.
  3. They must be eligible to obtain an immigrant visa.
  4. They must apply together with their spouse to the Cuban Adjustment Act.

Children under 21 years of age are included in the same requirements as spouses to obtain permanent residence based on the law that protects Cubans in the United States.


Comments

  • Mari October 17, 2023

    Why do you already use this great forum?

  • Jose Luis Ramos Dominguez December 26, 2021

    Hello, I have a question and it is related to people who immediately enter the United States.
    I entered this country by sea a year and six months ago. I am legally married to an American citizen and I have a stable life with her. I am paying for my taxis and I have an ITIN name.
    My question is how can I legalize my immigration status or request a pardon to re-enter legally.

  • June 16, 2021

    Hello good morning please I need help, my mother is 73 years old, she has a Spanish passport and I am getting it from Cuba-Madrid-Mexico, she has Spanish citizenship but in 2014 she entered the US and requested asylum at the border but she was only there for 7 months since my grandmother passed away and she became depressed and returned to Cuba, then in 2016 she entered with a Spanish passport and stayed and applied for Cuban adjustment after a year and a day and after she had the appointment, she received her residency and temporary social security, my father had a heart attack in Cuba and had to leave again. In other words, like a horror story, then in 2018 she entered again as a tourist, she did not stay alone, she entered to visit and now that my father passed away, she wants to come and they are denying her ESTA. Does anyone know if she turns herself in at the border they will give her asylum again? She is alone in Cuba. We are all here in the US and there they throw eggs at her through the window for so many times she has come to the US. She is a retired doctor and I am desperate. I don't know what else to do! I went to the border this weekend. I left on the Mexican side and when I entered with my American residence, I asked an immigration officer there on the line and he told me that if she comes in and asks for asylum, we will send her back! Because the laws for Cubans have changed. Does anyone know if this is true? What should I do? Please, I need help. My cell phone number is 201-917-6359.

  • ;Rolando Brizuela March 2th, 2020

    I have a question and I would like to receive the most appropriate answer possible and it is the following:

    If a Cuban by birth is a resident of the United States of America and has a minor child, but born outside of Cuba, that is, in another country and enters the United States of America with a visa, can he/she benefit from the Cuban Adjustment Act? As the child of a Cuban, I would like a clear and certain answer.

    Thank you for your kind attention.

    • Pepe the fat man from Miami January 5, 2021

      clear and safe YES

    • June 16, 2021

      Hello, yes, my mother can apply. She entered with a Spanish visa and stayed. After a year and a day she applied and they gave it to her.

      • SGomez 28 September, 2021


        From the time she applied until she obtained residency, how long did it take? How much does the whole process cost approximately? I am in the same situation with my mother who has just arrived here and I want to learn more about the subject. Thank you!

  • eloidy October 22, 2019

    A Cuban who applies for Cuban adjustment and is in the United States with his or her spouse can include him or her in the application for residency. That is, submit the application together.

    • JIMMY CRICKET October 29, 2019

      Of course Eloidy, the law gives you the right. Good luck

      • Chipotle December 9, 2021

        Grillaaaaaa, what's up guys, long time no hear from you, man. Hey, dude and Dantes, are you still together? Big hug.

  • Alejandro Cabrera Rodriguez May 23, 2019

    I am at one of the borders to enter the US and request political asylum. How does it benefit me that I have been claimed by my sister for 5 years for family reunification and parole?

  • Alberto April 14

    AMLO Chavez Castro will fix the whole issue of Immigration, which is now migration, and of immigrants, who are now migrants. You'll see. Chavez gave endless lectures on his Sunday program Alo Presidente and AMLO gives daily press conferences. What's the difference?

    • Macana and long live the Cubans July 10, 2019

      Difference? None!!!!! A couple of inept people playing at being politicians, Obrador, fuck his mother, him and all the fucking Mexicans who exploit and extort Cubans who come to Mexico to cross the border. It seems cool to take to the streets and demonstrate so that the US doesn't build the wall and they want the support of the whole world to protest against the wall, however every time a Cuban comes they bleed him dry and deport him.
      Fuck their mothers and make them pay for the wall, bunch of idiots, more scams and no way to give birth

  • Yanet March 21th, 2019

    Things have become very complicated with the Cuban Adjustment Act. I'm sure they will soon eliminate it.

    • Lisa Weed August 23 2019

      Only Congress can remove it.

  • JC July 21, 2017

    Hello everyone
    My name is JC and I need help regarding what I should do regarding my wife, who is Spanish and is visiting and I am going to apply for my residency. They have given me so much information that more and more doubts are arising. Should I request an I-130 form or should I apply directly for residency with me? If I apply with the I-130, what are the benefits and disadvantages, since they have told me that I have to present an AFIDIVI and documents that prove my income, and that she would not be eligible for any assistance from the government here.

  • Mercedes Crowe July 18, 2017

    Jiminy Cricket and Dante:

    First of all, I want to greet you both…
    You may not remember me, but I remember you and Armando too.
    In November it will be six years since my daughter and I arrived in the United States from Ecuador, after a journey full of many stories.
    Thanks to this forum, to the advice of a Cuban lady who lived in Cancun at the time, and, above all, to the help and advice provided by Armando, with whom I was the only one in constant communication, my daughter and I are now in the United States and are American citizens.
    I am Tania… Do you remember me by that name? In the face of fear, I registered under that name…
    Today, while checking old emails, I found the link to this page and decided to go in to see if it was still there. To my delight, the first names I read were Pepe Grillo, Dante and Armando. I don't know if the latter is the person I'm referring to... I hope so... I want to tell you that I always remember this page and tonight I wanted to greet you and let you know the eternal gratitude that I have and will always have for this forum, because thanks to it and to some people I met through it, my daughter and I are here.
    I am glad that you continue to help Cubans and I sincerely wish you God's blessing for the time you dedicate to helping others.
    Peoe Grillo, Dante and Armando, receive a big hug….

    TANIA

  • JIMMY CRICKET February 26

    For Cuban.
    Don’t pay attention to that man, there’s no point in wasting time telling him something, just calculate how grateful he is and how much it’s worth that he lived in Mexico for several years and now look at how he pays back, what can we expect from someone like that? Well, you already know him… and he only dedicates himself to offending anyone, look. The one he calls Grilla is me and Dante, I invite you to read this entire forum so you can see how many people that man advised and guided, we will continue helping those we can help, that is the meaning of this forum, greetings to all Cubans.

  • Spanish citizen February 13

    Hello, I would like to know if a Spanish citizen still has the possibility of taking advantage of the Cuban Adjustment Act, and if possible, what steps to follow would be.

  • Cuban January 29, 2017

    Chipotle, how it hurts you that we Cubans are getting ahead. That's why you are garbage. Illiterate. Do not dirty Mexico with your disgusting words. Mexico is a beautiful, big and brave country and all Cubans are very grateful for the welcome that it gave us. While we were looking for freedom. Not like you. Illiterate donkey.

  • PEDRO PABLO January 26, 2017

    MY QUESTION IS THE FOLLOWING, IF A CUBAN-SPANISH PERSON WHO ENTERED WITH PERMISSION IS IN THE UNITED STATES, IF HE STAYS AFTER 90 DAYS A YEAR AND ONE DAY BEING ILLEGAL, CAN HE APPLY TO THE CUBAN ADJUSTMENT ACT?

  • Camaro January 25, 2017

    Hello, has anyone heard about any Cuban leaving the USA with a traveler's document or advance parole?
    I am waiting for my residency but I have said document, I don't know if it would be wise to use it.
    I would like to know if anyone has any experience with this document after the repeal of the wet feet, dry feet law.
    Thank you.

    • Lisa Weed August 23 2019

      If you are going to Cuba then you lied because they gave you the refugee parole and if you can go it is because you do not have any problems there, so according to the news they can deny you the green card.

  • Lennon January 19, 2017

    My deepest condolences to all those who were unable to cross, many of them even at the border. In my opinion, the most likely thing is that they will decide by mutual agreement to deport everyone to the island. Deep down, I think that they could grant amnesty for those who are at the border, if there are many of them. Remember when the borders in Central America were closed last year and that led to meetings between several countries to find a solution to the humanitarian crisis. I advise you to keep an eye on the news and have money to buy a ticket to Mexico urgently, because if they approve any measure, it will be for a short period of time.
    To whom it may concern, I would like to give you the following idea: why not publish a book with all the testimonies collected during these years in this forum and perhaps with some news related to the Cuban exodus, photos, etc., through Central America during this time.

  • Myladys January 18, 2017

    Congratulations to all who managed to take advantage of the “wet foot, dry foot” policy, and I remain very dismayed and very, very sad for those who are stranded at the borders or left in some country… I am in the same situation. This year I was going to leave with my husband and son, I trusted it, I thought so much about moving… I imagined everything but this, I was very naive… now I am staying in Mexico where the economy is very bad and what is worse is the insecurity for us and what is most worrying for the children, every day the violence here in Mexico is worse.
    I hope for a miracle, now that Trump takes power…a miracle impossible for man but possible for God to get out of here.
    A hug to every Cuban who, like me, was unable to carry out their plans to reunite with their family in the US.
    God bless us all.

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